In a Civil Application, the Bombay HC granted relief to an appellant seeking to condone delay in furnishing a bank guarantee and filing a reply to a show cause notice.
Delay in furnishing Bank Guarantee and filing reply was condoned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
6_caa_551_2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.551 OF 2017 IN APPEAL FROM ORDER NO.341 OF 2017
M/s. Vicat Sagar Cement Pvt. Ltd, through its Chief General Manager, Mr. Sanjeev Aggarwal ...Applicant
In the matter between :-
M/s. Vicat Sagar Cement Pvt. Ltd, through its Chief General Manager, Mr. Sanjeev Aggarwal
...Appellant
Versus
The Pune Municipal Corporation & Ors.
...Respondents
….. Mr. Veerdhaval Kakade with Mr. Prabhakar Jadhav for the Applicant. Mr. Rajdeep Khadapkar for the Respondent Nos.1 to 3.
CORAM : SMT. ANUJA PRABHUDESSAI, J. DATED : 4th JULY, 2017.
P.C.:-
By this application, the Applicant has prayed to extend the time to furnish Bank Guarantee. By order dated 5th May, 2017 the Appeal from Order (stamp) No.5115 of 2017 was disposed of as per
the terms which are incorporated in the said order. As per clause (ii)
Megha
1/2
6_caa_551_2017.doc
of paragraph 1 of the said order, the Applicant herein was required to give Bank Guarantee in the amount of Rs.79,76,752/- and he was also required to file reply and give all particulars to the Respondent as sought in the notice dated 28th February, 2014 and 13th March, 2014 within four weeks from the date of the said order. Clause (ix) stated that in the event the Bank Guarantee was not submitted and reply to the show cause notice is not filed within four weeks, benefit of the said order will not be available to the Appellant.
(ANUJA PRABHUDESSAI, J.)
Megha
2/2
1 issue framed by the court
Whether the delay in furnishing Bank Guarantee and filing reply to show cause notice should be condoned.
M/s. Vicat Sagar Cement Pvt. Ltd
The Pune Municipal Corporation
Anuja Prabhudessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
